Ujjwal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42280 of 2023 Arising Out of PS. Case No.-284 Year-2023 Thana- SIWAN MUFFASIL District- Siwan ====================================================== 1.

UJJWAL KUMAR SON OF RAM KUMAR CHAUDHARY R/O VILLAGE- KHARAUNA, P.S.- KUDHANI, DISTRICT- MUZAFFARPUR 2.

RAMESH KUMAR @ RAMESH KUMAR SINGH SON OF LATE NAND KUMAR SINGH R/O VILLAGE- GAWANDARI, P.S.- TARAIYA, DISTRICT- CHAPRA, AT PRESENT R/O RAHUL NAGAR ( DAMODARPUR) P.S.- MUZAFFARPUR, DISTRICT- MUZAFFARPUR ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-07-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 181.680 litres of IMFL from a Swift vehicle bearing Regi No. BR-06L4321 and boththe petitioners were arrested on spot. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have got no criminal antecedent. Petitioner Ramesh Kumar Singer was driving the said vehicle. Provision

Patna High Court CR. MISC. No.42280 of 2023(2) dt.21-07-2023 2/2 of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. They are languishing in judicial custody since 27.5.2023.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.-II, Siwan in connection with Siwan Muffasil P.S. Case No. 284 of 2023. (Sunil Kumar Panwar, J) sushma/- U